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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
MANINDRA MOHAN SHRIVASTAVA, REKHA BORANA, JJ.
Papapuri S/o Chimanpuri – Petitioner
Versus
State of Rajasthan – Respondent
D.B. Civil Writ (PIL) Petition No. 5132 of 2021
Decided On : 28-04-2023
Rajasthan Special Investment Regions Act, 2016 - Section 3, 9(7), 27, 8, 11, 12, 14 - Rajasthan Panchayati Raj Act, 1994 – Section 27(2), 124, 63 - Rajasthan Land Revenue Act, 1956 – Section 92, 93 - Rajasthan Tenancy Act, 1955 - Section 16, 5(28) - Rajasthan Panchayat Act, 1953 - Section 88 - Rajasthan General Clauses Act of 1955 - Section 6 - Rajasthan Panchayati Raj Rules, 1996 - Rule 136 - Rajasthan Land Revenue (Survey, Record & Settlement) (Government) Rules, 1957 - Rule 39 - Rajasthan Land Revenue (Allotment of Land for Agricultural Purposes) Rules, 1957 - Rule 4 - Government lands - Transfer of all public utility lands - Project of industrial corridor - Petition seeks to assail correctness and validity of respondents’ action in issuing directions to record all government lands situated in nine revenue villages in favour of JPMIA Development Authority – While exercising powers and performing functions under RSIR Act, 2016, Regional Development Authority has to keep in view environmental safeguards - Para 6.56.
Finding of the Court:
Perusal of details reveals that equivalent area of Pasture land which has vested in JPMIA Development Authority by virtue of Section 27 of RSIR Act, 2016, is proposed to be set apart for pasture purposes - It has also been stated that there is grass cover over Oran (forest) and Agore (water catchment area) of all villages and is used for purpose of grazing of cattle - Further averment is that agriculturists who own cattle are also khatedars of their agricultural lands which is sufficient for purpose of grazing of their cattle - Khatedari lands, as has been stated in additional affidavit, falling in nine revenue villages are not subject matter of acquisition - Therefore, on facts, petitioners’ case of violation of principle of sustainable development on mere vesting of lands under Section 27 of RSIR Act, 2016 is not made out - Reliance on decision of this Court in case of Bhanwar Singh Vs. The State of Rajasthan & Others(supra), is misplaced on facts as that was a case belonging to challenge to government orders and circulars bringing in scheme of regularisation of unauthorised occupants and possession of land – Court do not find any merit in writ petition.
Result: Petition dismissed.
Based on the provided legal document, there is a specific point in the case which addresses the issue of alternate gochar land being allotted at a significant distance, which is considered not permissible.
The document mentions that the respondents are in the process of setting apart alternate land of an equal area (864.6148 hectares) in adjoining villages as Pasture lands, which indicates that the original pasture lands have been vested in the Regional Development Authority. It further states that this alternative land is being allocated in nearby villages, implying a considerable distance from the original locations.
The petitioners' argument is that such a distant allotment of gochar (pasture) land is not permissible, as it would violate the principles of sustainable development and the traditional use of pasture lands for grazing of cattle of the villages. The respondents, however, contend that the same area of pasture land is being set apart in adjoining villages, which they argue is a suitable alternative.
Therefore, the case does include a point that the allotment of alternate gochar land at a far distance from the original location is being undertaken, and this practice is challenged on the ground that it is not permissible within the legal framework governing pasture lands and their use.
ORDER :
1. This public interest litigation petition seeks to assail correctness and validity of respondents’ action in issuing directions to record all government lands situated in nine revenue villages of Tehsil Rohat, District Pali, namely, Dungarpur, Singari, Dhundhali, Doodali, Neembli Patelan, Neembli Bramnan, Danasani, Rohat and Dalpatgarh in favour of Jodhpur-Pali-Marwar Industrial Area Development Authority (a unit of RIICO) [hereinafter referred to as ‘JPMIA Development Authority’].
2. The petitioners are villagers of Village Dungarpur, Tehsil Rohat, District Pali. Village Dungarpur is one of those nine revenue villages where all the government lands are directed to be recorded in the name of JPMIA Development Authority. The concern of the petitioners is on account of transfer of government lands, which according to them, include the lands recorded as Gochar (Pasture), Oran (Forest), Agore (Water catchment), Bhakar and other public utility lands situated in nine revenue villages of Tehsil Rohat, District Pali. The public interest which the petitioners seek to espouse is that the action of the respondents in transferring the aforesaid lands of public utility would seriously and adversely affect the rights of the villagers and they will be deprived of those public utility lands. It is their concern that public utility lands which include the lands reserved for grazing of cattle and other purposes would subsume in industrial development, depriving the villagers of all the benefits. It is also their concern that the impugned action of the respondents would destroy the natural resources. The petitioners have prayed for following relief:
(A) By an appropriate, writ, order or direction may kindly be issued and the impugned order dated 16.12.2020 (Annexure-8) passed by District Collector, Pali may kindly be quashed and set aside.
(B) By an appropriate, writ, order or direction may kindly be issued and the letter dated 15.12.2020 (reference given in Annexure-8) issued by Commissioner, DMIC and also Deputy Secretary, Department of Revenue may kindly be declared illegal, arbitrary and against the provision of Rajasthan Tenancy Act, 1955.
(C) By an appropriate, writ, order or direction may kindly be issued and the respondents may kindly be directed to restore all kind of the entries with regard to public land which was vested in the name of concerned Gram Panchayat or villagers for public utility of village Dungarpur, Tehsil Rohat, District Pali.
(D) By an appropriate, writ, order or direction may kindly be issued against the respondents may kindly be directed that the land which is categorized or defined as a restricted land under Section 16 of the Rajasthan Tenancy Act or lands belongs to natural resources (likewise Oran, Pasture, Gochar, Agore, Pond and Paytan-Johar etc.) shall not be subject of any kind of the allotment for industrial or any other use except for development of natural resources and further directed that all kind of land which was reserved for the Natural Resources, Water Body, Grazing Ground, Oran, Johar-Paytan and Pasture may kindly be restore in the position which was entered at the time of settlement.
(E) That any other relief, which this Hon’ble Court deems fit, by which the petitioner may get full justice may also be allowed.”
3. Factual background leading to filing of PIL:
Section 14 of RSIR Act, 2016 provides for public notice of draft Master Development Plan and invitation of objections from public including suggestions.
The court emphasized the need for local authorities' input in land allotment decisions to ensure compliance with community needs and statutory obligations.
The court affirmed that land recorded as Abadi under the U.P. Zamindari Abolition and Land Reforms Act, 1950, remains vested in the State, allowing for resumption under Section 117(6) despite claims ....
The court established that the State can allot Gairan land for public purposes under the PMAY, overriding restrictions in the MLRC due to the authority granted by the MRTP Act.
The retrospective application of the Supreme Court's judgment in Jai Singh's case and the amendment to the 1961 Act in 2007, which inserted Section 5-B.
The court upheld the validity of the land allotment for a project of national importance and found it to be in accordance with Rule 7 of the Rajasthan Tenancy (Government) Rules, 1955.
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